Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Relevance and necessity test

Legal area

Court

19 Feb 2025

PEMPETISYEN CHUAN SENG HUAT LEE TZIN TZIN

Citation

PA-33-328-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-33-328-08/2023 (Mahkamah Tinggi)

The court held the discovery application was partially granted: specific bank card statements (items 7, 8 and 9 in Lampiran A) bearing the petitioner's name are relevant and necessary to assess the petitioner's financial capacity and must be produced for the period from April 2012 or from date of card issuance (if later) until 03.07.2024; broader requests (items 1,2,3,4,5,6 and 10 and expansive travel document requests) were dismissed as too broad and constituted a fishing expedition; no order as to costs.
30 Dec 2024

NAVANEETH A/L PERPAKARAN RETHA A/P NADARAJAH

Citation

AI-A72NCvC-4-07/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AI-A72NCvC-4-07/2024 (Mahkamah Majistret)

The application was dismissed because, although the document sought exists and is in the Defendant's possession, the Plaintiff failed to show the statement of account was necessary or sufficiently relevant to the fair disposal of the case or to save costs; Plaintiff already produced transaction receipts and other evidence rendering the bank statements unnecessary, and the court must guard against fishing expeditions and unnecessary intrusion into personal data.